Human Rights, Hegemony, and Utopia in Latin America

Poverty, Forced Migration and Resistance in Mexico and Colombia


Human Rights, Hegemony and Utopia in Latin America: Poverty, Forced Migration and Resistance in Mexico and Colombia by Camilo Pérez-Bustillo and Karla Hernández Mares explores the evolving relationship between hegemonic and counter-hegemonic visions of human rights, within the context of cases in contemporary Mexico and Colombia, and their broader implications. The first three chapters provide an introduction to the book´s overall theoretical framework, which will then be applied to a series of more specific issues (migrant rights and the rights of indigenous peoples) and cases (primarily focused on contexts in Mexico and Colombia,), which are intended to be illustrative of broader trends in Latin America and globally.
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Biographical Note

Camilo Pérez-Bustillo, Juris Doctor (1981, Northeastern University Law School, Boston), Executive Director, Human Rights Center, College of Arts and Sciences, University of Dayton (Ohio); Research Associate, FLACSO–Guatemala; Fellow, Comparative Research Programme on Poverty (CROP), University of Bergen (Norway). Karla Hernández Mares, B.A in International Relations (2005, Instituto Tecnólogico y de Estudios Superiores de Monterrey-ITESM, Mexico), candidate Master´s program in Human Rights and Democracy (FLACSO-Mexico City), human rights advocate and professional photographer; researcher, Argentine Forensic Anthropology Team (Mexico office).

Table of contents

Acknowledgements List of Illustrations 1. Human Rights, Hegemony, and Utopia Poverty, social movements of the poor, human rights, and global justice Utopian visions Historical origins of utopian visions of human rights in contemporary Latin America Challenges to hegemonic paradigms of human rights “Paradigm wars” in Latin America Current landscapes of liberation in Latin America: the Latin American Spring, origins and limits Impact of constitutional and legal transformations Pervasive state violence and paramilitarism in Mexico 2. Poverty as a Crime against Humanity: International Poverty Law, Human Rights, and Global Justice, from Below Poverty as a crime against humanity Poverty as Violence Poverty as crime against humanity and the right to be human: ethical and philosophical frameworks as necessary but insufficient Poverty, human rights, global justice and the “epistemologies of the South” Relevant normative frameworks Freedom from want, freedom from poverty, the right not to be poor, ESC rights and global order: the “original understanding” International Poverty Law as a Framework for Convergence Mexico as case study Recent Developments in International Poverty Law The Guiding Principles, the “poverty of rights,” and “human rights from below”: poverty, self-determination, and violence Origins and evolution of the Guiding Principles The Guiding Principles in their historical context: the Universal Declaration of Human Rights and its origins 3. The Road to San Fernando: theoretical frameworks as to forced migration and forced displacement within the context of global justice and human rights Global rights and migrant rights Global justice, migration policy, and migrant rights Conceptual frameworks as to global justice Broader context of Guerrero case: Tlapa York Conceptual framework Those Who Leave and Those Who Stay Behind: from Central America, through Mexico, to the indigenous communities of Mexico that migrate to New York 4. Peoples in Movement- International tribunals of conscience and struggles of migrants, refugees, and the displaced for human rights “from below” Case study Evolving articulations of migrant rights Emerging elements of a new right Peoples in Movement and Indigenous Peoples: potential “chains of equivalence” Conclusions as to ITC case study The Massacre The San Fernando cases before the Permanent Peoples Tribunal (PPT) Summary of PPT Jury's findings Responsibility of the US Government Responsibility of the Mexican Government 5. The counter-hegemonic origins and potential of human rights, the status of the rights of indigenous peoples in Latin America, and the World Bank as a case study Indigenous rights issues as a representative case Historical Dimensions Illustrative Policies Adopted by Other Multilateral Organizations Conclusion: Implications of Current World Bank Policies for Indigenous Peoples 6. Mexico, Colombia, state terror and paramilitarism That day when Mexican military troops fired 10 shots at a bus full of unarmed civilian passengers Uniform impunity Relevant trends in international law, international criminal law, and international human rights law State terror and gross, generalized violations of human rights Migration policy and migrant rights in the context of state terror 7. Las Abejas of Acteal: from massacre to resurrection Mexico´s Zapatistas as a point of departure: translating and decolonizing human rights Implications of the cases for broader issues as to indigenous and human rights Las Abejas of Acteal Poverty, Las Abejas, and the “theology of suffering” Teología india (indigenous theology) The origins of Las Abejas Exodus, liberation, forced displacement and forced migration The impact of counter-insurgency, militarization and paramilitarism The aftermath of the Massacre The search for justice as to the Acteal case Divisions within Las Abejas and the Zedillo case Impact of the massacre on Las Abejas 8. The right to community autonomy, justice, and security in Mexico and Colombia as a form of resistance Citizen´s Council for the Security of Humauxtitlán/Consejo Ciudadano por la Seguridad de Huamuxtitlán When the bells are tolled, the people cry out their demands Guerrero´s CRAC PC How did Guerrero´s CRAC Policia Comunitaria first emerge? Northern Cauca region in Colombia The centrality in Colombia of its indigenous movement and of the Cauca region and the Nasa The Guardia Indígena and utopian traces Conclusion Bibliography Index


All interested in human rights, contemporary Mexico and Colombia, migrant rights and the rights of indigenous peoples in Latin America and globally.